- 65 - undertaken directly by him but also to expenditures paid or incurred for research or experimentation carried on in his behalf by another person or organization". On this record, we are not persuaded that any research or experimentation performed on Turtleback I was conducted on JDP's behalf. Rather, we are convinced that HJI operated an integrated jojoba farming operation in Hyder, Arizona, and that any research or experimentation conducted on Turtleback I was designed and implemented to aid HJI's entire jojoba enterprise. As discussed above, there is no evidence that Turtleback I functioned independently of HJI. Moreover, it is clear that from its inception JDP was viewed as a part of HJI's jojoba farming enterprise. Indeed, the interrelationship of HJI and JDP can be seen in the following responses Whittaker made to questions posed to her on direct examination (by which petitioners were trying to establish that it was anticipated that the purported research and development program would lead to valuable discoveries (emphasis added)): Q. [Counsel] What would be the nature of the property interest, the intangible property interest that the discoveries might constitute? A. [Whittaker] I am sorry. By the end of the program or through the program, I think the nature of the property would be technological expertise, information or knowledge. The question of patentability and licensing I think is a twofold issue. One is, is it proprietary or specific enough to be of the nature of being patentable, but really, more importantly or specific to our purposes, I did not, we did not consider that it was to the benefit of ourPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011